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PostHeaderIcon Can I take legal action against my landlord for failing to provide heat as required by law (New York City)?

I woke up with a sore throat this morning after enduring a night of no heat in my apartment. I have checked the weather history and have verified that there was an outside temperature of 38 degrees Fahrenheit last night. It is 9am, 40.5 degrees, and there is still no heat. I am upset because I am now sick and, as a result, have cancelled an important job interview for this morning. I am worried that my sore throat is only a prelude to a sickness that may severely impose upon my activity for the upcoming week or weeks.

This is what I know: The New York City Housing Maintenance Code requires that between Oct. 1 and May 31, between 10 p.m. and 6 a.m., a landlord must provide sufficient heat to maintain apartments at a temperature of 55 degrees Fahrenheit when the outside temperature falls below 40 degrees. Between 6 a.m. and 10 p.m., heat must be maintained at 68 degrees when the outside temperature falls below 55 degrees.

Given the above facts, my landlord has violated the code, and continues to do so, in both day and night time frames. As a result, I am sick, cold, and uncomfortable in my own home. What legal recourse do I have? I am not satisfied with the heat just being turned on. The landlord should be imposed with sufficient fines and/or damages for this violation to ensure that this doesn’t happen again. I am not 100% certain, but I believe the entire building is integrated and heated from the same source. So if I am not receiving heat, then others in my building aren’t either. I would also like to seek health and personal damages, rent abatement, and whatever else form of restitution I am entitled to. What is my case and what are my options? In your answer please be as thorough and informative as possible. Please be precise in your legal language as well. Thank you.

Additional information: Heat has been provided before, the last time being two days ago, so I am reasonably assured that the building’s heating system does indeed function. The building supervisor can not be reached at the moment as he is on vacation with his phone turned off and his voice mailbox full. The building owner is the landlord, I assume. The lease is not in my name; I pay my rent to the lease holder of the apartment. The lease holder resides in the building but not in the apartment. I live in Manhattan.

PostHeaderIcon is it legal to secretly tape a conversation between my boss and i in her office?

I have been working at this private employer child care facility for 2 yrs now. I have been through 3 different titles, form full time hrs to part time hrs with the same and more work. no break because i’m a baker during that time. there is no HR dept., there is just my direct supervisor, then this lady ( i guess then the board of ed). every time i ask her the same question, on any topic (like my hrs, my responsibilities, my break time, etc) she changes the answer depending on convenience, whether the door is open or shut as well as whether someone is in the rm at the time. she disregards me, and even has called me a "non-priority" when she scheduled meetings with me that she just doesnt show up to. my job has, more than once, indirectly been threatened after i spoke up about my lack of time to have lunch and complete work in the time limit she wants. I was hired p/t as a dishwasher, then i was another title, now i’m the kitchen assistant. when i was hired i worked 8hr (and hardly ever got a break or lunch)days because i was asked to wash dishes(by machine),pots & pansby hand), put everything away, laundry,prep fruit and snack for that day,bake,serve,and whatever else was needed of me that day. Now i work 6hrs and am expected to continue it all, and have a 1/2 hr break, which i repeat, i don’t get because i am given work that needs to be done. i guess i just want to stop saying "but the last time you said!?" and just play the tape. is that legal?
i dont mean to sound whiney or at all as if i want money, but i cant trust a word she says and if something serious should come about, i feel like i would need to protect myself in some way, it is her (executive director) word against mine (kitchen assistant) which, as someone pointed out, isnt the most important in the company. (I live in NewYork state) dont get me wrong I LOVE WHAT I DO i would be hurt not to be there mon morning, i’d still work ther if i won the lottery. Dont miss the point, i feel that i should be able to expect some level of trust and if not, that i can protect myself somehow. if people did not intend to lie, mislead, or have fear of being "caught" then they should not have an issue with being voice recorded for the protection of one or both parties. as far as a break, or lunch, it happens to be in their policy, and they keep pressuring me to take it, while giving me work during it.
i live in new york. i’m just interested in knowing that if i decide to walk in her office and lay down on the table a tape recorder in plain sight, we are only speaking about me and she speaks freely only about information pertaining to me, until she realizes or i inform her later in the conversation that its on, is that illegal, in NY, because i didnt say "its on"? if i have a recorder in my pocket and she never knows its there, or its an IPOD that has a record feature and my headphones are in plain sight but i dont inform her that im taping and just the two of us are having a conversation based solely on me, is that legal in NY? I am not out to get anyone. i love my job, i know that if i won the lottory i would still work because i love to work. i could stay home now and let my hubby take care of me, but thats boring. yeak investing and interest or whatever would bring in $$, but working brings in extra. it wont last if your lazy! also, thanx for the responds everyone good and bad

PostHeaderIcon Moving from the U.S. to Australia?

Hello. I’m looking to move from the United States to Australia after I graduate from college. I’m a recreation and tourism major. I’ve spent time in Australia and I absolutely loved it. I’m meeting up with some travel buddies from England next summer I met while we were working on a conservation volunteer project through Australia. Even though we did get to travel last time, we want to go back and just travel and be tourists, since last time we were doing conservation work much of the time.

I figure this would be the best time for me to move: I don’t really have any possessions in my name such as a house, and I don’t have any outstanding loans since I got scholarships for college and my car is paid off. Most of my personal value is in savings accounts and not in material items that I’d want to take with me. It also helps that I’m not married and don’t have any children too. And I have a sincere interest in Australia; I’m not one of these people leaving the U.S. because of being mad at the president or economic situation.

I’m looking for some suggestions and advice. Not so much about residency visas and other forms of legal requirements since I’ll be reading in on them, but more personal observations. If you moved to Australia or have even lived in both countries, what did you notice about the two countries? Such as noticing taxes or the cost of living was much higher in one country than the other, cultural differences, things to be aware of, or the job market.

Also, I understand you must have professional skills to be able to contribute to the workforce to get into the country. I’m a recreation and tourism major. I’ve worked for the U.S. National Park Service now for three years, and probably will for two more years. I’ve just worked building trails and maintenance, but next year I’m going to move over to the park ranger crew. I have to do an internship for my college requirements and I’m going to do mine on a U.S. military base as a civilian working for their recreation department on base. Do you think this would be good experience or do you think I should stay and work for either the park service or military for several years before migrating to Australia? Any insite you can give me on any of this would be much appreciated.

PostHeaderIcon Landlord legal help please?

I have been having problems with my landlord. He seems to be holding a feeling of resentment against me for making him make some repairs he did not feel were necessary. The last time I went to the office to make a request for a work order we got into an argument and we both got very loud (loud voices only no bad words or violence).

Yesterday I got a letter from a law firm stating that I need to be out of my apartment with in 5 days of the date marked on the letter. The letter was sent regular snail mail with no form of delivery confirmation, and was dated Oct 14th. So it essentially says I need to be out on 2 days notice. I have a one year lease, and as far as I am concerned I have done nothing to violate it.

I contacted the law firm and they said I am being asked to leave because the landlord fears for his well being when around me. Yet 40 minutes after this argument we had he came to fix my dishwasher. So I don’t see why he would have done this if he was so scared, I would also like to point out that the only threat that was made in our argument was by him when he told me I would be out of here if I kept complaining about things in my apartment.

I have no desire to stay in a place I am not wanted and have started to look for a new place. However this takes time as there are wait lists and other factors involved in moving into a new place. So I need more then 5 days for sure. I would also like to note that in this letter I received from the law firm it states I will have to pay the break lease fee. Yet just two moths ago I got a letter from my landlord stating they would release me from my lease at anytime with 30 days notice. So would this get out of lease letter still be valid now? (it has no deadline stated)

Is there anyway I could go about dealing with this with out having to get a lawyer, and going to court. The landlord has the property company to pay his legal bills I have to pay mine out of pocket. I do want to move I just need time.

Any suggestions would be very much appreciated

PostHeaderIcon Help…..need legal/medical advice…?

Okay I’m trying to get my medical records from my Dr. office so that i can see a new OB. First off I left voicemails all last week to never receive a returned call! Therefore, I went in person to request them today….. secondly I was given a time frame of 2 weeks for copies of my medical records that they are also charging me for…..and thirdly when I asked to see the doc one last time (just because i didnt want to let another 2 weeks (WAITING) pass without checking up on the baby) the nurse says thats fine just return after lunch 2:00 p.m. So I signed the medical release form and was on my way expecting to return @ 2. 1 oclock rolls around & I receive a call from the SAME NURSE saying that once you sign the release form the doctor will no longer see me. Why didnt she tell me this before i signed? I have to go another 2 weeks without prenatal care since i cant be seen without those records. Legally can she deny me medical care? Is there a legal time framefor me to receive them?

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